501.BC/6–347: Telegram

The Secretary of State to the United States Representative at the United Nations (Austin)

confidential

247. 1. When Agenda item requested by US in S/3381 is taken up by SC, Dept suggests US Rep direct attention to relevant portion of [Page 483] para 7 of GA Resolution of 14 Dee 1946 and to following topic, consideration of which has been deferred since second meeting of SC: “Discussion of best means of arriving at conclusion of special agreements referred to in Article 43 of Charter” (Item 2 S/340).2 Dept believes emphasis should be placed on general problem of implementing Article 43 at earliest possible date. While this has been US objective from beginning of UN, lack of striking progress since Feb 1946 suggests desirability of examining alternative ways and means. There was no SC discussion of means of arriving at conclusion of Article 43 agreements before SC on Feb 16, 1946, directed MSC to examine Article 43 from military point of view. Decision was made by SC at almost last minute of London session. Apparently, it was assumed that such examination was best means of arriving at conclusion of special agreements. This assumption need not be questioned, since pending matter regarding Article 43 is how to proceed now in light of all circumstances. There has never been any systematic examination of Article 43 from other than the military point of view in any UN organ. With receipt of the MSC Report, time appears ripe for full SC discussion of this Article. Dept believes SC should be free to examine Article not only in light of MSC study, made from military point of view, but also from other points of view, political, legal, etc. Views of non-permanent members will be important. In other words, while regarding MSC Report as advice and assistance in sense of Article 47, para 1, SC should now proceed, after full discussion, to selection best means of arriving at conclusion of Article 43 agreements and furnish necessary political guidance to MSC for further work in this connection.

2. SC may not be able to obtain early agreement on all principles of MSC Report. Report itself shows how difficult and time-consuming it is to achieve agreement on general principles without reference to specific forces, facilities and assistance. SC might attempt agreement on those principles necessary to initiate negotiations with member states, if early agreement on all principles is unobtainable. This possibility is now being studied by Dept. For your information, remarks critical of MSC by various members in GA and in SC Committee 1 indicate SC and Dept may wish to consider negotiation of agreements without having first obtained unanimity on all principles, particularly if this appears as only alternative to indeterminate efforts to achieve unanimity on general principles.

3. General discussion in SC may get into particular principles of MSC Report in which case US position would be that taken by JCS representatives in the MSG as stated in the MSC Report.

[Page 484]

4. Specific action believed desirable by Dept follows:

a.
Establishment of Committee in SC consisting of representatives of all eleven members, with terms of reference specified Dept’s tels 185, April 253 and 204, May 6.4 In line with general approach indicated above, Committee should be directed to make recommendations; to Council within specified period of time (not more than ninety days) on best means of expediting conclusion of special agreements referred to in Article 43 of Charter.
b.
Adoption of resolution by SC requesting MSC to continue study of Article 43 from military point of view pending further instructions.

5. In anticipation of examination of Agenda Item 2, S/340, by SC Committee, in course of which MSC Report would be examined in detail, Dept is preparing complete analysis of MSC Report.

Marshall
  1. S/338, not printed here, was a letter dated April 30 from Herschel Johnson, Deputy United States Representative on the Security Council, to the Secretary General of the United Nations, requesting that the question of Article 43 agreements be placed on the provisional agenda of the next meeting of the Security Council (IO Files).
  2. Summary Statement by the Secretary General of Matters of Which the Security Council Is Seized and of the Stage Reached in Their Consideration, May 2, 1947; item 2 was the matter of Special Agreements under Article 43 (IO Files).
  3. Ante, p. 464.
  4. Not printed.